Preview
FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019
NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023
EXHIBIT B
FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019
NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------....---__________..----------------------------------X
YANGSIL KANG, individually and as a shareholder
on behalf of ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE Index No.: 707381/2019
CENTER, INC.,
Plaintiff,
-against-
DEFENDANTS'
FIRST
SR HOMECARE OF NY INC.,
SET OF
EVERGREEN ADULT DAY CARE IN FLUSHING, INC.,
INTERROGATORIES
EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC.,
EVERGREEN FLUSHING NEW YORK LLC,
EVERGREEN SENIOR DAY CARE CENTER, INC.,
EVERGREEN HOMECARE SERVICE OF NY, INC.,
BYUNGKI KOO a/k/a JAMES KOO and
HYUNGJONG KOO a/k/a TAMMY KOO,
Defendants,
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAY CARE CENTER, INC.,
Nominal Defendants.
__ ___ ____ ____ ________ _____ _ _ ____ ___..----------------------X
PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, the Plaintiffs are
hereby requested to serve upon the undersigned sworn answers to the following interrogatories
within 30 days after the service of this demand.
INSTRUCTIONS
1. If the information requested is not known or reasonably available in the precise
form and scope requested, or for the particular date or period specified, but can be supplied
partially, in a modified form or for a different but relevant date or period, set forth the best
information available together with a statement of the reasons that the answer is not completely
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NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023
responsive to the Interrogatory, together with the identity of any documents or sources from
which more complete information is available.
"each"
2. Whenever an Interrogatory calls for information with respect to one of a
particular type of occurrence, communication, or other matter of which more than one exists,
identify separately, and in chronological order, each instance of the occurrences,
communications or other matters referred to, and provide for each such instance all of the
information called for immediately following such identification.
3. To the extent that you believe that any of the Interrogatories calls for information
contained in documents or communications subject to a claimed privilege, answer so much of
such Interrogatory or Interrogatories, and each part thereof, as does not request, in your view,
allegedly privileged information, and identify each such document and communication and set
forth the basis for your claim of privilege with respect to the information which you refuse to
furnish.
4. To the extent that you believe that any of the Interrogatories is objectionable,
answer so much of each such Interrogatory and each part thereof as is not, in your view,
objectionable, and separately state so much of that part of each Interrogatory as to which you
raise objection and each ground for each such objection.
5. When referring to a fact or conclusion, give all the circumstances upon which the
fact or conclusion is based.
6. In responding to each Interrogatory, identify the person(s) consulted in preparing
the particular response, and, if different, the person(s) most familiar with the facts concerned.
7. Pursuant to CPLR 3101(h), you are required to supplement your responses to
these Interrogatories.
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DEFINITIONS
"Plaintiffs"
1. means Plaintiffs Yangsil Kang, individually and as a shareholder on
behalf of Elim Home Care Agency, LLC and Evergreen Adult Daycare Center, Inc., their agents,
employees, attorneys, representatives, and persons acting on their behalf.
"Defendants"
2. means Defendants SR Homecare of NY Inc., Evergreen Adult Day
Care in Flushing, Inc., Evergreen J.S.C. Adult Day Care in NY, Inc., Evergreen Flushing New
York LLC, Evergreen Senior Day Care Center, Inc., Evergreen Homecare Service of NY, Inc.,
Byungki Koo a/k/a James Koo and Hyungjong Koo a/k/a Tammy Koo, their agents, employees,
attorneys, representatives, and persons acting on theirbehalf, either individually or collectively.
"Document"
3. means any and all writings, electronic or graphic material, or any
copy of any writing, electronic or graphic material, however produced or reproduced, of any kind
and description in the actual or constructive possession, custody, care, or control of Defendants
of which you have knowledge, whether or not prepared by you, which pertains to or contains
information pertaining to, directly or indirectly, in whole or in part, any of the subject inquired
about in any specification, and includes, but is not limited to, the original and any non-identical
copies of any: correspondence, paper, book, pamphlet, periodical, photograph, object, microfilm
or microfiche, note, sound recording, or other memorial of any type of oral communication,
meeting, or conference, memoranda, records, reports, studies, written forecasts, projections,
analysis, estimates, desk or other calendars, appointment books, diaries, data sheets, data
processing cards, disks, data processing files, tapes, or other data compilations from which
information can be obtained or translated, computer printouts, computer readable materials, work
papers, charts, graphs, news clippings, press releases, newspaper accounts, transcripts of
television or radio broadcasts. Two or more copies of a document bearing divergent handwritten
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or other notations shall be treated as separate documents for this purpose, as well as all drafts of
any document. Also included are voice recordings and reproductions, and film impressions of
any of the aforementioned writings, as well as copies of documents which are not identical
duplicates of the originals, and copies of documents of which the originals are not in your
possession, custody, or control.
"Person"
4. means any natural person, proprietorship, corporation, public
organization, partnership, business, group, association, or organizational entity of any kind.
5. As used herein, the singular form of a noun or pronoun shall be considered to
include within itsmeaning the plural form of the noun or pronoun so used, and vice versa; the
use of any tense of any verb shall be considered to include also within itsmeaning all other
tenses of the verb so used.
"CommunicatioI"
6. means any manner or form of information or message
"document,"
transmission, however produced or reproduced, whether by as herein defined, or
orally or otherwise, which is made, distributed, or circulated between or among persons, or data
storage or processing units, and any and alldocuments containing, consisting of, or relating or
referring in any way either directly or indirectly, to a communication.
to" to"
7. "Relate or "relating means concerning, embodying, considering,
mentioning, respecting, bearing on, referring to, or addressed in whole or in part to the subject
indicated.
"identify"
8. When asked to a natural person, set forth (1) the full name and present
or last-known business or residence address of such person; (2) his or her present or last-known
business affiliation, (3) his or her present telephone number, with the area code prefix, and (4)
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his or her position and business affiliation, including a description of his or her duties or
responsibilities at the time of or during the period in question.
"identify"
9. When asked to any entity other than a natural person, set forth (1) its
full name and title, (2) itsaddress and telephone number with area code prefix, (3) the date and
jurisdiction under the laws of which itwas organized and/or incorporated, (4) the names of its
members, (5) the date and place of its formation or organization, and (6) the identity of all
persons who acted or who authorized another to act on itsbehalf in connection with the matters
referred to.
"identify"
10. When asked to a document, fumish a copy of each such document in
lieu of identifying the same if itis in your possession or control. When furnishing a document,
specify the Interrogatory being answered in this manner, and identify the document so supplied
to show the Interrogatory to which the document relates. If a copy of a particular document is
not available, then set forth (1) the date and general type of document (i.e.letter, contract,
memorandum), (2) the identity of its author and each person who aided or assisted in its
preparation, including persons who contributed information contained in or submitted for use in
such document, (3) the identity of each addressee and other distribute to whom the document
was and whom itwas or the of itslast-
directed, distributed, by received, read, both, (4) identity
known location or custodian, (5) the reason or reasons for the inability to locate such document
and the circumstances of its unavailability, (6) ifthe document is no longer in your possession or
control and the circumstances of its disposition are known, set forth the date and circumstances
of the disposition thereof, as well as the identity of the person or entity to whom custody or
possession was given, and (7) its subject matter and substance to the extent known.
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"identify"
11. When asked to an oral communication, set forth (1) the date and place
thereof or, in the case of a telephone conversation, so indicate and state the places at which the
parties thereto were located at the time thereof, (2) the identity of each person participating in or
who was present during or otherwise heard such communication, (3) the complete substance of
each statement attributed to each person participating therein in the sequence of such statements
or, to the extent the foregoing particulars are not known or subject to reasonable ascertainment,
the subject matter of such communication and as many of the requested particulars as are known
or ascertainable, and (4) identify, in accordance with the prior requirements hereof, all
documents which may have been prepared on the basis of, as a consequence of, or which contain
information relative to the specific details, subject matter, or substance thereof.
"describe"
12. When asked to any act, occurrence, occasion, conference, discussion,
instance, or event, set forth (1) the date, time, and place thereof, (2) the identity of each person
who participated therein or was a witness thereto, (3) in chronological sequence, the actions
statements, utterances, and course of conduct of each such person thereat, together with anything
else that transpired thereat, and (4) the identification of each communication or document which
refers thereto or which was prepared or made during the course thereof as a result thereof.
INTERROGATORIES
INTERROGATORY NO. 1: Identify the person or persons answering these
Interrogatories, including such person's name, address, and telephone number.
INTERROGATORY NO. 2: Identify the person or persons who assisted in the
preparation of the answers to these Interrogatories (other than attorneys), including such person's
name, address, phone number, and the specific Interrogatories for which assistance was
provided.
INTERROGATORY NO. 3: Describe whether or not the Plaintiff has been involved in
any other lawsuits in the past 15 years.
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a. When?
b. Where?
c. Plaintiff or Defendant?
d. How was each case resolved?
INTERROGATORY NO. 4: State the Plaintiff's relationship to each Defendant.
INTERROGATORY NO. 5: For each Defendant, state how much money you received
during each calendar year since 2015.
INTERROGATORY NO. 6: For any oral contracts you maintain existed between
Plaintiff and any Defendant, specify:
a. The date the contract was entered;
b. The terms of the contract;
c. The consideration paid by the Plaintiff;
d. If you are alleging breach, the date and manner in which the breach occurred.
INTERROGATORY NO. 7: Have you ever had a substantive conversation with Tammy
Koo? If so, state the date, manner, and contents of each such conversation.
INTERROGATORY NO. 8: Prior to working with Evergreen Adult Daycare in NY, Inc.,
what job position did you hold, what were your job duties, and what was your salary?
INTERROGATORY NO. 9: What is your basis for the allegation that Evergreen Senior
Daycare Center, Inc. is a successor-in-interest to Evergreen Senior Services, Inc., as alleged in
paragraph 26 of the amended complaint?
INTERROGATORY NO. 10: Describe the process and method by which your
investment in Evergreen Senior Services Inc. was transferred to Evergreen Adult Daycare Center
Inc.
INTERROGATORY NO. 11: For any false statements alleged to be made by any
Defendant, specify the statement, the date the statement was made, the circumstances of each
such occurrence, and any steps you took in reliance on those statements.
INTERROGATORY NO. 12: For any money you invested in any of the corporate
Defendants, state the date you made the investment, the amount, and the method of payment.
INTERROGATORY NO. 13: With regards to the allegations in paragraph 63 of the
amended complaint, state each and every business relation with a third party, and for each, state
the nature of the business relationship and the specific acts constituting interference by any
Defendant.
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INTERROGATORY NO. 14: Describe any and all steps Tammy Koo took to interfere
with your business relationships as alleged in paragraph 65 of your complaint.
INTERROGATORY NO. 15: Describe any and all steps James Koo took to interfere
with your business relationships as alleged in paragraph 65 of your complaint.
INTERROGATORY NO. 16: Describe the specific damages you allege to have suffered
as a result of the alleged interference, as alleged in paragraph 68 of your complaint.
INTERROGATORY NO. 17: What is your basis for claiming that the statements made
of"
by James Koo were made "on behalf each corporate entity?
INTERROGATORY NO. 18: With regard to your second cause of action, state the date
on which you entered into contracts and/or partnership agreements with each of the Defendants,
and provide copies of any such contracts. If you allege the contracts were oral, state all terms of
each agreement.
INTERROGATORY NO. 19: Describe the circumstances giving rise to Elim and
Evergreen Adult Daycare having a fiduciary duty to you, and the steps taken by those entities to
breach that fiduciary duty.
INTERROGATORY NO. 20: With regard to your fifth cause of action, state each
specific promise that was made to you by each of the Defendants, and the date on which such
promises were made.
INTERROGATORY NO. 21: With respect to each Defendant, state specifically what
enrichment each received as alleged in paragraph 78 of your complaint, and how that enrichment
came at your expense as alleged in paragraph 79 of your complaint.
INTERROGATORY NO. 22: In what specific way did each Defendant exercise
unauthorized dominion over your alleged shares in corporate businesses, as alleged in your
seventh cause of action?
INTERROGATORY NO. 23: State in detail each and every promise made by each
Defendant, as alleged in paragraph 87 of your complaint.
INTERROGATORY NO. 24: Identify the property of value that you transferred in
reliance on promises made by the Defendant, as alleged in paragraph 88 of your complaint,
stating for each the date the transfer was made, and the manner of transfer.
evidence"
INTERROGATORY NO. 25: Identify the "clear and convincing described in
paragraph 89 of your complaint.
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INTERROGATORY NO. 26: For each corporate Defendant, state the date you started
working, your job title, your hours and duties, your pay, the date of your termination/separation,
and the circumstances of each termination/separation.
INTERROGATORY NO. 27: With regard to the communications with James Koo
(misidentified in the pleading as Byungki Kim) in paragraph 103 of your complaint, specify the
date, the specific demand(s) made, and your response.
INTERROGATORY NO. 28: State the date, time, and method by which you demanded
an accounting from James Koo, and separately state the date, time, and method by which you
demanded an accounting from Tammy Koo.
Dated: New York, New York
June 22, 2021
Rha Kim Grossman & McIlwain, LLP
By: Andrew D. Grossman, Esq.
Attorneys for Defendants
37th
266 W St., Suite 1600
New York, NY 10018
Tel: (718) 321-9797
To: Law Offices of Jin Han, P.C.
Attorneys for Plaintiffs
100 Park Avenue, Suite 1600
New York, NY 10017
Tel.: (917) 701-7976
9
Preview
FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 EXHIBIT B FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------....---__________..----------------------------------X YANGSIL KANG, individually and as a shareholder on behalf of ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE Index No.: 707381/2019 CENTER, INC., Plaintiff, -against- DEFENDANTS' FIRST SR HOMECARE OF NY INC., SET OF EVERGREEN ADULT DAY CARE IN FLUSHING, INC., INTERROGATORIES EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., EVERGREEN FLUSHING NEW YORK LLC, EVERGREEN SENIOR DAY CARE CENTER, INC., EVERGREEN HOMECARE SERVICE OF NY, INC., BYUNGKI KOO a/k/a JAMES KOO and HYUNGJONG KOO a/k/a TAMMY KOO, Defendants, ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAY CARE CENTER, INC., Nominal Defendants. __ ___ ____ ____ ________ _____ _ _ ____ ___..----------------------X PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, the Plaintiffs are hereby requested to serve upon the undersigned sworn answers to the following interrogatories within 30 days after the service of this demand. INSTRUCTIONS 1. If the information requested is not known or reasonably available in the precise form and scope requested, or for the particular date or period specified, but can be supplied partially, in a modified form or for a different but relevant date or period, set forth the best information available together with a statement of the reasons that the answer is not completely 1 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 responsive to the Interrogatory, together with the identity of any documents or sources from which more complete information is available. "each" 2. Whenever an Interrogatory calls for information with respect to one of a particular type of occurrence, communication, or other matter of which more than one exists, identify separately, and in chronological order, each instance of the occurrences, communications or other matters referred to, and provide for each such instance all of the information called for immediately following such identification. 3. To the extent that you believe that any of the Interrogatories calls for information contained in documents or communications subject to a claimed privilege, answer so much of such Interrogatory or Interrogatories, and each part thereof, as does not request, in your view, allegedly privileged information, and identify each such document and communication and set forth the basis for your claim of privilege with respect to the information which you refuse to furnish. 4. To the extent that you believe that any of the Interrogatories is objectionable, answer so much of each such Interrogatory and each part thereof as is not, in your view, objectionable, and separately state so much of that part of each Interrogatory as to which you raise objection and each ground for each such objection. 5. When referring to a fact or conclusion, give all the circumstances upon which the fact or conclusion is based. 6. In responding to each Interrogatory, identify the person(s) consulted in preparing the particular response, and, if different, the person(s) most familiar with the facts concerned. 7. Pursuant to CPLR 3101(h), you are required to supplement your responses to these Interrogatories. 2 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 DEFINITIONS "Plaintiffs" 1. means Plaintiffs Yangsil Kang, individually and as a shareholder on behalf of Elim Home Care Agency, LLC and Evergreen Adult Daycare Center, Inc., their agents, employees, attorneys, representatives, and persons acting on their behalf. "Defendants" 2. means Defendants SR Homecare of NY Inc., Evergreen Adult Day Care in Flushing, Inc., Evergreen J.S.C. Adult Day Care in NY, Inc., Evergreen Flushing New York LLC, Evergreen Senior Day Care Center, Inc., Evergreen Homecare Service of NY, Inc., Byungki Koo a/k/a James Koo and Hyungjong Koo a/k/a Tammy Koo, their agents, employees, attorneys, representatives, and persons acting on theirbehalf, either individually or collectively. "Document" 3. means any and all writings, electronic or graphic material, or any copy of any writing, electronic or graphic material, however produced or reproduced, of any kind and description in the actual or constructive possession, custody, care, or control of Defendants of which you have knowledge, whether or not prepared by you, which pertains to or contains information pertaining to, directly or indirectly, in whole or in part, any of the subject inquired about in any specification, and includes, but is not limited to, the original and any non-identical copies of any: correspondence, paper, book, pamphlet, periodical, photograph, object, microfilm or microfiche, note, sound recording, or other memorial of any type of oral communication, meeting, or conference, memoranda, records, reports, studies, written forecasts, projections, analysis, estimates, desk or other calendars, appointment books, diaries, data sheets, data processing cards, disks, data processing files, tapes, or other data compilations from which information can be obtained or translated, computer printouts, computer readable materials, work papers, charts, graphs, news clippings, press releases, newspaper accounts, transcripts of television or radio broadcasts. Two or more copies of a document bearing divergent handwritten 3 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 or other notations shall be treated as separate documents for this purpose, as well as all drafts of any document. Also included are voice recordings and reproductions, and film impressions of any of the aforementioned writings, as well as copies of documents which are not identical duplicates of the originals, and copies of documents of which the originals are not in your possession, custody, or control. "Person" 4. means any natural person, proprietorship, corporation, public organization, partnership, business, group, association, or organizational entity of any kind. 5. As used herein, the singular form of a noun or pronoun shall be considered to include within itsmeaning the plural form of the noun or pronoun so used, and vice versa; the use of any tense of any verb shall be considered to include also within itsmeaning all other tenses of the verb so used. "CommunicatioI" 6. means any manner or form of information or message "document," transmission, however produced or reproduced, whether by as herein defined, or orally or otherwise, which is made, distributed, or circulated between or among persons, or data storage or processing units, and any and alldocuments containing, consisting of, or relating or referring in any way either directly or indirectly, to a communication. to" to" 7. "Relate or "relating means concerning, embodying, considering, mentioning, respecting, bearing on, referring to, or addressed in whole or in part to the subject indicated. "identify" 8. When asked to a natural person, set forth (1) the full name and present or last-known business or residence address of such person; (2) his or her present or last-known business affiliation, (3) his or her present telephone number, with the area code prefix, and (4) 4 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 his or her position and business affiliation, including a description of his or her duties or responsibilities at the time of or during the period in question. "identify" 9. When asked to any entity other than a natural person, set forth (1) its full name and title, (2) itsaddress and telephone number with area code prefix, (3) the date and jurisdiction under the laws of which itwas organized and/or incorporated, (4) the names of its members, (5) the date and place of its formation or organization, and (6) the identity of all persons who acted or who authorized another to act on itsbehalf in connection with the matters referred to. "identify" 10. When asked to a document, fumish a copy of each such document in lieu of identifying the same if itis in your possession or control. When furnishing a document, specify the Interrogatory being answered in this manner, and identify the document so supplied to show the Interrogatory to which the document relates. If a copy of a particular document is not available, then set forth (1) the date and general type of document (i.e.letter, contract, memorandum), (2) the identity of its author and each person who aided or assisted in its preparation, including persons who contributed information contained in or submitted for use in such document, (3) the identity of each addressee and other distribute to whom the document was and whom itwas or the of itslast- directed, distributed, by received, read, both, (4) identity known location or custodian, (5) the reason or reasons for the inability to locate such document and the circumstances of its unavailability, (6) ifthe document is no longer in your possession or control and the circumstances of its disposition are known, set forth the date and circumstances of the disposition thereof, as well as the identity of the person or entity to whom custody or possession was given, and (7) its subject matter and substance to the extent known. 5 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 "identify" 11. When asked to an oral communication, set forth (1) the date and place thereof or, in the case of a telephone conversation, so indicate and state the places at which the parties thereto were located at the time thereof, (2) the identity of each person participating in or who was present during or otherwise heard such communication, (3) the complete substance of each statement attributed to each person participating therein in the sequence of such statements or, to the extent the foregoing particulars are not known or subject to reasonable ascertainment, the subject matter of such communication and as many of the requested particulars as are known or ascertainable, and (4) identify, in accordance with the prior requirements hereof, all documents which may have been prepared on the basis of, as a consequence of, or which contain information relative to the specific details, subject matter, or substance thereof. "describe" 12. When asked to any act, occurrence, occasion, conference, discussion, instance, or event, set forth (1) the date, time, and place thereof, (2) the identity of each person who participated therein or was a witness thereto, (3) in chronological sequence, the actions statements, utterances, and course of conduct of each such person thereat, together with anything else that transpired thereat, and (4) the identification of each communication or document which refers thereto or which was prepared or made during the course thereof as a result thereof. INTERROGATORIES INTERROGATORY NO. 1: Identify the person or persons answering these Interrogatories, including such person's name, address, and telephone number. INTERROGATORY NO. 2: Identify the person or persons who assisted in the preparation of the answers to these Interrogatories (other than attorneys), including such person's name, address, phone number, and the specific Interrogatories for which assistance was provided. INTERROGATORY NO. 3: Describe whether or not the Plaintiff has been involved in any other lawsuits in the past 15 years. 6 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 a. When? b. Where? c. Plaintiff or Defendant? d. How was each case resolved? INTERROGATORY NO. 4: State the Plaintiff's relationship to each Defendant. INTERROGATORY NO. 5: For each Defendant, state how much money you received during each calendar year since 2015. INTERROGATORY NO. 6: For any oral contracts you maintain existed between Plaintiff and any Defendant, specify: a. The date the contract was entered; b. The terms of the contract; c. The consideration paid by the Plaintiff; d. If you are alleging breach, the date and manner in which the breach occurred. INTERROGATORY NO. 7: Have you ever had a substantive conversation with Tammy Koo? If so, state the date, manner, and contents of each such conversation. INTERROGATORY NO. 8: Prior to working with Evergreen Adult Daycare in NY, Inc., what job position did you hold, what were your job duties, and what was your salary? INTERROGATORY NO. 9: What is your basis for the allegation that Evergreen Senior Daycare Center, Inc. is a successor-in-interest to Evergreen Senior Services, Inc., as alleged in paragraph 26 of the amended complaint? INTERROGATORY NO. 10: Describe the process and method by which your investment in Evergreen Senior Services Inc. was transferred to Evergreen Adult Daycare Center Inc. INTERROGATORY NO. 11: For any false statements alleged to be made by any Defendant, specify the statement, the date the statement was made, the circumstances of each such occurrence, and any steps you took in reliance on those statements. INTERROGATORY NO. 12: For any money you invested in any of the corporate Defendants, state the date you made the investment, the amount, and the method of payment. INTERROGATORY NO. 13: With regards to the allegations in paragraph 63 of the amended complaint, state each and every business relation with a third party, and for each, state the nature of the business relationship and the specific acts constituting interference by any Defendant. 7 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 INTERROGATORY NO. 14: Describe any and all steps Tammy Koo took to interfere with your business relationships as alleged in paragraph 65 of your complaint. INTERROGATORY NO. 15: Describe any and all steps James Koo took to interfere with your business relationships as alleged in paragraph 65 of your complaint. INTERROGATORY NO. 16: Describe the specific damages you allege to have suffered as a result of the alleged interference, as alleged in paragraph 68 of your complaint. INTERROGATORY NO. 17: What is your basis for claiming that the statements made of" by James Koo were made "on behalf each corporate entity? INTERROGATORY NO. 18: With regard to your second cause of action, state the date on which you entered into contracts and/or partnership agreements with each of the Defendants, and provide copies of any such contracts. If you allege the contracts were oral, state all terms of each agreement. INTERROGATORY NO. 19: Describe the circumstances giving rise to Elim and Evergreen Adult Daycare having a fiduciary duty to you, and the steps taken by those entities to breach that fiduciary duty. INTERROGATORY NO. 20: With regard to your fifth cause of action, state each specific promise that was made to you by each of the Defendants, and the date on which such promises were made. INTERROGATORY NO. 21: With respect to each Defendant, state specifically what enrichment each received as alleged in paragraph 78 of your complaint, and how that enrichment came at your expense as alleged in paragraph 79 of your complaint. INTERROGATORY NO. 22: In what specific way did each Defendant exercise unauthorized dominion over your alleged shares in corporate businesses, as alleged in your seventh cause of action? INTERROGATORY NO. 23: State in detail each and every promise made by each Defendant, as alleged in paragraph 87 of your complaint. INTERROGATORY NO. 24: Identify the property of value that you transferred in reliance on promises made by the Defendant, as alleged in paragraph 88 of your complaint, stating for each the date the transfer was made, and the manner of transfer. evidence" INTERROGATORY NO. 25: Identify the "clear and convincing described in paragraph 89 of your complaint. 8 FILED: QUEENS COUNTY CLERK 01/10/2023 03:20 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 01/10/2023 INTERROGATORY NO. 26: For each corporate Defendant, state the date you started working, your job title, your hours and duties, your pay, the date of your termination/separation, and the circumstances of each termination/separation. INTERROGATORY NO. 27: With regard to the communications with James Koo (misidentified in the pleading as Byungki Kim) in paragraph 103 of your complaint, specify the date, the specific demand(s) made, and your response. INTERROGATORY NO. 28: State the date, time, and method by which you demanded an accounting from James Koo, and separately state the date, time, and method by which you demanded an accounting from Tammy Koo. Dated: New York, New York June 22, 2021 Rha Kim Grossman & McIlwain, LLP By: Andrew D. Grossman, Esq. Attorneys for Defendants 37th 266 W St., Suite 1600 New York, NY 10018 Tel: (718) 321-9797 To: Law Offices of Jin Han, P.C. Attorneys for Plaintiffs 100 Park Avenue, Suite 1600 New York, NY 10017 Tel.: (917) 701-7976 9